General Terms and Conditions

for the online shop at https://shop.grabstein-steinmetz.de/

of Messerschmidt GmbH / Rotebachring 45 / 74564 Crailsheim / 07951 295331 / info@grabstein-steinmetz.de

hereinafter: Provider

1. Scope of Application

1.1. The services provided by the Provider for the online shop under the above-mentioned URL are performed exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order.

1.2. These GTC apply exclusively. Terms and conditions of the customer that deviate from these GTC shall not apply, unless the Provider and the customer have expressly agreed otherwise.

2. Conclusion of Contract and Subject Matter of the Contract

2.1. The offers on the Provider's website constitute a binding offer by the Provider to the customer to conclude a contract for the purchase of a gravestone, including an individual inscription. The individual inscription is included in the price. The inscription is arranged according to the customer's wishes following consultation with the Provider's specialist staff and is subsequently engraved into the stone by the Provider's stonemasons. By submitting the order (clicking the "Buy" button) on the Provider's website, the customer accepts the binding offer to conclude a contract for the purchase of a gravestone, including an individual inscription.

2.2. The gravestones are manufactured by the Provider in accordance with the applicable cemetery regulations.

2.3. Confirmation of the receipt of the order and the conclusion of the contract follows immediately after the order has been submitted via email, which also contains a request for the customer to arrange an appointment with the Provider's specialist staff regarding the gravestone inscription.

2.4. When an offer is accepted via the Provider's online order form, the contract text is stored by the Provider and sent to the customer in text form (via email) after the order has been submitted, along with these GTC.

2.5. Before bindingly accepting the offer via the Provider's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding acceptance of the offer and can also be corrected there using the usual keyboard and mouse functions.

2.6. The German language is exclusively available for the conclusion of the contract.

3. Right of Withdrawal

3.1. Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Cancellation Policy.

3.2. The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

4. Payment

4.1. The prices listed on the Provider's website at the time of the order shall apply.

4.2. Payment of the purchase price is possible via Google Pay, Apple Pay, credit card, prepayment, or, combined with a deposit, by invoice. If prepayment is agreed, payment is due 8 days after conclusion of the contract. If purchase by invoice with a deposit is agreed, the deposit is due 8 days after conclusion of the contract.

4.3. If the customer is in default of payment, the Provider is entitled to demand default interest at a rate of five percentage points above the base interest rate of the European Central Bank.

5. Appointment for Inscription Consultation

5.1. Every gravestone is provided with an individual inscription. The inscription and its arrangement must be discussed with the Provider's specialist staff. To this end, the customer shall arrange an appointment with the Provider after the conclusion of the contract and upon receiving the corresponding request from the Provider.

5.2. The appointment can be arranged by telephone, via email, or using the appointment booking tool cituro.

5.3. As a general rule, the customer is only entitled to one appointment.

5.4. Depending on the agreement, the appointment for the inscription consultation can be attended in person at the Provider's premises at the aforementioned address, by telephone, or as an online meeting via the conference tool join.me.

5.5. The Provider ensures that every customer can always be offered at least two appointments within two weeks of the Provider receiving the payment.

5.6. During the appointment, the customer may, upon request, additionally conclude a contract for a grave border suitable for the gravestone. These GTC do not apply to such contracts. They also do not become part of the purchase contract for the inscribed gravestone. They are exclusively the subject of individual contractual agreements and must be paid for separately if applicable.

6. Delivery

6.1. Delivery generally takes place within 7 – 18 weeks after the Provider receives the payment. A prerequisite for delivery is that the appointment for the inscription consultation has already taken place. The Provider is not responsible for delays caused by the customer being unable or unwilling to attend any of the proposed appointments, or by the customer failing to attend a scheduled appointment, or by the customer not making a final decision regarding the inscription during the appointment. The Provider is not responsible for delays caused by the approval process taking longer than 6 weeks for reasons beyond the Provider's control. The Provider will indicate any deviating delivery times on the respective product page or via personal notification. The start of the stated delivery time is subject to the timely and proper fulfillment of the customer's obligations, in particular the correct specification of the delivery address during the order process and the arrangement of an appointment for the inscription consultation (see above).

6.2. For goods delivered by a freight forwarder, delivery is "curbside," i.e., to the public curb nearest to the delivery address, unless otherwise stated in the Provider's item description or agreed upon otherwise.

6.3. If the Provider is unable to deliver the ordered goods through no fault of their own because the Provider's supplier fails to meet their contractual obligations, the customer will be informed immediately that the ordered goods are not available. Any payments already made by the contracting party will be refunded immediately. The customer's statutory rights remain unaffected.

7. Retention of Title

The Provider retains ownership of the delivered goods until the owed purchase price has been paid in full by the consumer.

8. Default in Acceptance

8.1. If the customer is in default of acceptance or culpably violates other duties to cooperate, the Provider is entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the Provider had announced the service a reasonable time in advance.

8.2. The purchase price shall bear interest during the period of default. The default interest rate is five percentage points above the base interest rate per annum.

8.3. The customer reserves the right to prove that no damage was incurred at all or that the damage was significantly lower than the claimed amount. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the moment they are in default of acceptance or payment.

9. Warranty

9.1. Please note that gravestones are individually designed products made with the help of manual labor and natural materials, and are therefore unique items. Minor deviations from the product image, insofar as they result from natural fluctuations in color, grain, and structure of the natural stone, generally do not constitute defects. Minor dimensional deviations that do not interfere with fitting or proper proportion, as well as small deviations, also do not generally constitute defects, provided they are inherent to the nature of the stone and do not impair the eligibility of the gravestone for approval under the applicable cemetery regulations.

9.2. The provisions of the statutory liability for defects remain unaffected.

9.3. The liability limitations and shortening of limitation periods regulated above do not apply to damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller; furthermore, they do not apply to other damages based on an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user; they also do not apply in the event that the seller has fraudulently concealed the defect.

9.4. If the customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer fails to do so, this has no effect on their statutory or contractual claims for defects.

10. Liability

10.1. The Provider is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows: The Provider is liable without limitation on any legal grounds in the event of intent or gross negligence; in the event of intentional or negligent injury to life, body, or health; on the basis of a guarantee promise, unless otherwise regulated in this regard; on the basis of mandatory liability such as under the Product Liability Act.

10.2. If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

10.3. Otherwise, any liability of the Provider is excluded.

10.4. The above liability provisions also apply with regard to the Provider's liability for their vicarious agents and legal representatives.

11. Data Protection

11.1. The Provider treats personal data confidentially and in accordance with statutory data protection regulations.

11.2. Personal data is not passed on without the express consent of the person concerned, or only within the scope of the necessary processing of the contract, for example to companies entrusted with the delivery of the goods. Further details can be found in the Privacy Policy on the Provider's website.

12. Information on Online Dispute Resolution / Consumer Arbitration

12.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/

12.2. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG (Consumer Dispute Resolution Act).

12.3. The Provider's email address can be found in the header of these GTC.

13. Final Provisions

13.1. The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Sales Convention, provided that this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.

13.2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree on the Provider's registered office as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

13.3. Insofar as any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

Status: March 2, 2022